HomeMy WebLinkAbout12-025 PC Resolution PC RESOLUTION NO. 12-25 '
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PAl2-0211, A CONDITIONAL USE �
PERMIT MODIFICATION AND FINDING OF PUBLIC
CONVENIENCE OR NECESSITY FOR THE TEMECULA
WINE AND BEER GARDEN TO UPGRADE THEIR ABC
LIQUOR LICENSE TO A TYPE 48, ON SALE GENERAL -
PUBLIC PREMISES, WHICH AUTHORIZES THE SALE OF
BEER, WINE AND DISTILLED SPIRITS AT 28464 OLD
TOWN FRONT STREET (APN 922-023-022)
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A�. On August 13, 1997, Ed Dool filed Planning Application No. PA97-0274, a
Conditional Use Permit Application in a manner in accord with the City of Temecula
General Plan and Development Code.
B. The Application was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law.
C. The Planning Commission, at a regular meeting, considered and approved
the Application and environmental review on September 11, 1999 at a duly noticed
public hearing as prescribed by law, at which time the City staff and interested persons
had an opportunity to and did testify either in support or in opposition to this matter.
D. On October 31, 2012, Michael Wagner filed Planning Application No.
PAl2-0211, a Conditional Use Permit Modification Application in a manner in accord
with the City of Temecula General Plan and Development Code.
E. The Application was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law.
F. The Planning Commission, at a regular meeting, considered the
Application and environmental .review on December 19, 2012, at a duly noticed public
hearing as prescribed by law, at which time the City staff and interested persons had an
opportunity to and did testify either in support or in opposition to this matter.
G. At the conclusion of the Planning Commission hearing and after due
consideration of the testimony, the Planning Commission approved Planning Application
No. PAl2-0211 subject to and based upon the findings set forth hereunder.
H. All legal preconditions to the adoption of the Resolution have occurred.
Section 2. Further Findings. The Planning Commission, in approving the
Application hereby finds, determines and declares that:
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Minor Conditional Use Permit, Development Code Section 17.04.010
A. The proposed use is in conformance with the General Plan for Temecula
and with all applicable requirements of State law and other Ordinances of the City;
The use , will allow the Temecula Wine and Beer Garden to pursue a Type 48
ABC liquor license. Per the O/d Town Specific Plan and City of Temecula
Development Code (Table 17.10.020), bars, cocktail lounges and night clubs,
require the approval of a Minor Conditional Use Permit. A Type 48 license is
typical for downtown entertainment districts and will be consistent with the vision
and mix of uses anticipated in the Old Town Specific Plan. The O/d Town
Specific Plan a/so requires the approval of a Minor Conditional Use Permit for
live entertainment, which was previously approved for this establishment.
B. The proposed conditional use is compatible with the nature, condition and
development of adjacent uses, buildings and structures and the proposed conditional
use will not adversely affect the adjacent uses, buildings or structures;
The application will allow for a Type 48 ABC liquor license. Establishments in
downtown mixed use entertainment districts commonly pursue Type 48 Licenses
from ABC as a way to offer their customers a wider selection of beverage
choices and the O/d Town Specific Plan allows for these types of uses upon
approval of a Conditional Use Permit. As conditioned, the use will continue to be
compatible with the nature, condition and development of the adjacent uses,
buildings and structures and the proposed conditional use will not adverse/y
affect the adjacent uses, buildings or structures.
C. The site for a proposed conditional use is adequate in size and shape to
accommodate the yards, walls, fences, parking and loading facilities, buffer areas,
landscaping, and other development features prescribed in the Development Code and
required by the Planning Commission or City Council in order to integrate the use with
other uses in the neighborhood;
The application will allow for a Type 48 ABC liquor license at an existing
esfablishment. The site will remain adequate in size and shape fo accommodate
the yards, walls, fences, parking and loading facilities, buffer areas, landscaping,
and other development feafures prescribed in the Development Code and
required by the P/anning Commission or City Council in order to integrate the use
with other uses in the neighborhood. The Temecu/a Wine and Beer Garden
already has an approved Condition Use Permit for the sa/e of beer and wine, and
live oufdoor entertainment. The sa/e of distilled spirits does not impact any of the
site requirements. The Project has been reviewed and condifion by the
Temecu/a Police Department to ensure that the use is integrated with the other
uses in the neighborhood.
D. The nature of the proposed conditional use is not detrimental to the health,
safety and general welfare of the community;
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The project meets all requirements of Deve/opment Code and General Plan
which provided safeguards for the health, safety and general welfare of the
community. Therefore, the project is not anticipated to be detrimental to the
health, safety and general welfare of the community.
E. That the decision to conditionally approve or deny the application for a
Conditional Use Permit be based on substantial evidence in view of the record as a
whole before the Planning Commission or City Council on appeal;
The decision to conditionally approve the application for the conditional use is
based on substanfial evidence in view of the record as a whole before the
Planning Commission.
Finding of Public Convenience or Necessity (Section 17.10.020)
A. Whether or not the proposed use is consistent with the General Plan and
Development Code;
The use will allow the Temecula Wine and Beer Garden to upgrade to a Type 48
ABC liquor license and add the sa/e of distilled spirits: Per the O/d Town Specific
Plan and City of Temecula Development Code (Table 17.10.020), bars, cocktail
lounges and night clubs, require the approva/ of a Minor Conditional Use Permit.
A Type 48 license is typica/ for downtown entertainment districts and will be
consistent with the vision and mix of uses anticipated in the Old Town Specific
Plan.
B. Whether or not the proposed use is compatible with the nature, condition
and character of adjacent land uses; ,
The application will allow for an upgrade of existing to a Type 48 ABC liquor
license to add the sale of distilled spirits. Establishments in downtown mixed use
entertainment districts commonly pursue Type 48 Licenses from ABC as a way
to offer their customers a wider selection of beverage choices and the Old Town
Specific P/an allows for these types of uses upon approval of a Conditional Use
Permit. As conditioned, the use will be compatible with the nature, condition and
development of the adjacent uses, buildings and structures and the proposed
conditional use will not adversely affect the adjacent uses, buildings or
structures.
C. Whether or not the proposed use would have an adverse effect on
adjacent land uses;
The application will allow for an upgrade of existing to a Type 48 ABC liquor
license to add the sale of distilled spirifs. The sife will remain adequate in size
and shape to accommodate fhe yards, walls, fences, parking and loading
facilities, buffer areas, landscaping, and other development features prescribed
in the Deve/opmenf Code and required by the Planning Commission or City
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Council in order to integrate the use with other uses in the neighborhood. The
Temecula Wine and Beer Garden already has an approved Condition Use Permit
for the sale of beer and wine, and live outdoor entertainment. The addition of the
sale of distilled spirits does not impact any of the site requirements. The Project
has been reviewed and condition by the Temecula Police Department to ensure
that the use is integrated with the other uses in the neighborhood.
D. Whether or not the proposed use would result in an excessive number of
similar establishments in close proximity;
The Temecula Wine and Beer Garden is located in Census Tract 512, which
ABC considers "over-concentrated" with on-sale licenses. Per ABC, two on-sale
licenses are al/owed per tract, and 59 current/y exist. Therefore, the City of
Temecu/a is required to make a Finding of Public Convenience or Necessity.
The O/d Town/Downtown area in Temecula has been planned and designed as a
lively mixed use district containing a balance of residential uses constructed
amongst specialfy retail shops, restaurants and dining opportunifies, small scale
boutiques and up-scale entertainment oriented uses. Since 1999, the Temecula
Wine and Beer Garden has provided a relaxed, outdoor atmosphere consistent
with the vision for O/d Town.
Section 3. Environmental Findings. The Planning Commission hereby makes
the following environmental findings and determinations in connection with the approval
of the Conditional Use Permit Application:
A. In accordance with the California Environmental Quality Act, the proposed
project has been deemed to be categorically exempt from further environmental review
(Section 15301, Class 1 Existing Facilities);
The application will allow the Temecula Wine and Beer Garden fo upgrade their
existing ABC license to a Type 48 ABC liquor license to add the sale of distilled
spirits. The Type 48 liquor license will allow for the consumption of beer, wine,
and distil/ed spirits from an existing structure.
Section 4. Conditions. The Planning Commission of the City of Temecula
approves Planning Application No. PAl2-0211, a Conditional Use Permit Modification
and Finding of Public Convenience and Necessity for the Temecula Wine and Beer
Garden to upgrade their liquor license to a Type 48, On Sale General - Public Premises,
which authorizes the sale of beer, wine and distilled spirits (food service is not required)
at 28464 Old Town Front Street.
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Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 19 day of December, 2012.
,.
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on Guerriero, Chairman
ATTEST:
Patrick Richardson, Secretary
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I, Patrick Richardson, Secretary of the Temecula Planning Commission, do
hereby certify thafi the forgoing PC Resolution No. 12-25 was duly and regularly
adopted by the Planning Commission of the City of Temecula at a regular meeting
thereof held on the 19 day of December, 2012, by the following vote:
� AYES: 5 PLANNING COMMISSIONERS: Carey, Guerriero, Harter, Kight,
Telesio
NOES: 0 PLANNING COMMISSIONERS: None
ABSENT: 0 PLANNING COMMISSIONERS: None
ABSTAIN: 0 PLANNING COMMISSIONERS: None
Patrick Richardson, Secretary
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EXHIBIT A
CONDITIONS OF APPROVAL
EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No.: PAl2-0211
Project Description: A Conditional Use� Permit Modification and Finding of Public
Convenience or Necessity for the Temecula Wine and Beer Garden
to upgrade their ABC liquor license to a Type 48, On Sale General -
Public Premises, which authorizes the sale of beer, wine and distilled
spirits at 28464 Old Town Front Street
Assessor's Parcel No.: 922-023-022
MSHCP Category: NA (No New Square Footage/Grading)
DIF Category: NA (No New Square Footage)
TUMF Category: NA (No New Square Footage)
Quimby Category: Exempt (Non-Residential)
Approval Date: December 19, 2012
Expiration Date: December 19, 2014
PLANNING DEPARTMENT
Within 48 Hours of the Approval of This Project
PL-1. The applicant/developer shall deliver to the Planning Department a cashier's check or
money order made payable to the County Clerk in the amount of Sixty-Four pollars
($64.00) for the County administrative fee, to enable the City to file the Notice of
Exemption as provided under Public Resources Code Section 21152 and California
Code of Regulations Section 15062. If within said 48-hour period the applicant/
developer has not delivered to the Planning Department the check as required above,
the approval for the project granted shall be void by reason of failure of condition (Fish
and Game Code Section 711.4(c)).
General Requirements
PL-2. The applicant and owner of the real property subject to this condition shall hereby agree
to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the
City's own selection from any and all claims, actions, awards, judgments, or
proceedings against the City to attack, set aside, annul, or seek monetary damages
resulting, directly or indirectly, from any action in furtherance of and the approval of the
City, or any agency or instrumentality thereof, advisory agency, appeal board or
legislative body including actions approved by the voters of the City, concerning the
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Planning Application. The City shall be deemed for purposes of this condition, to
include any agency or instrumentalitythereof, or any of its elected or appointed officials,
officers, employees, consultants, contractors, legal counsel, and agents. City shall
promptly notify both the applicant and landowner of any claim, action, or proceeding to
which this condition is applicable and shall further cooperate fully in the defense of the
action. The City reserves the right to take any and all action the City deems to be in the
best interest of the City and its citizens in regards to such defense.
PL-3. The permittee shall obtain City approval for any modifications or revisions to the
approval of this project.
PL-4. This approval shall be used within two years of the approval date; otherwise, it shall
become null and void. By use is meant the beginning of substantial construction
contemplated by this approval within the two year period, which is thereafter diligently
pursued to completion, or the beginning of substantial utilization contemplated by this
approval.
PL-5. The Planning Director may, upon an application being filed prior to expiration, and for
� good cause, grant a time extension of up to 3 one-year extensions of time, one year at a
time.
PL-6. The development of the premises shall substantially conform to the approved site plan
and elevations contained on file with the Planning Department.
PL-7. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers,
landscape debris, and waste from entering the storm drain system or from leaving the
property. Spills and leaks must be cleaned up immediately. Do not wash, maintain, or
� repair vehicles onsite. Do not hose down parking areas, sidewalks, alleys, or gutters.
Ensure that all materials and products stored outside are protected from rain. Ensure
all trash bins are covered at all times.
PL-8. The applicant shall comply with their Statement of Operations dated October 31, 2012
on file with the Planning Department, unless superseded by these Conditions of
Approval.
PL-9. An 8.5" x 11" (or larger) sign listing local transportation service providers and
corresponding telephone numbers shall be posted at a conspicuous location within the
. building: Information to assist in the compilation of this sign may be obtained through
the Temecula Valley Chamber of Commerce (951-676-5090). _.
PL-10. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's
Development Code.
PL-11. The City, its Planning Director, Planning Commission, and City Council retain and
reserve the right and jurisdiction to review and modify this Conditional Use Permit
(including the Conditions of Approval) based on changed circumstances. Changed
circumstances include, but are not limited to, the modification of business, a change in
scope, emphasis, size of nature of the business, and the expansion, alteration,
reconfiguration or change of use. The reservation of right to review any Conditional
Use Permit granted or approved or conditionally approved hereunder by the City, its
Planning Director, Planning Commission and City Council is in addition to, and not in-
lieu of, the right of the City, its Planning Director, Planning Commission, and City
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Council to review, revoke or modify any Conditional Use Permit approved or
conditionally approved hereunder for any violations of the conditions imposed on such
Conditional Use Permit or for the maintenance of any nuisance condition or other code
violation thereon.
PL-12. The Applicant shall comply with all underlying Conditions of Approval for PA97-0274,
CUP and PA07-0176, Development Plan unless superseded by these conditions of
approvaL
PL-13. Uniformed security shall be provided between 9 pm and close of business on Thursday,
Friday, Saturday, Sunday and Holidays. Uniformed security shall also be provided
whenever live entertainment is provided.
PL-14. Food service shall be made available to patrons by offering menus from local
restaurants for delivery.
OUTSIDE AGENCIES
PL-15. The applicant shall comply with the attached letter dated, November 26, 2012 from the
Department of Environmental Health
POLICE DEPARTMENT
General Requirements
PD-1. Applicant has applied for a Type 48 (On Sale General, bar/night club) license, which
authorizes the sale of beer, wine and distilled spirits for consumption on the premises
where sold and authorizes the sale of beer and wine for consumption off the premises
where sold. Minors are not allowed to enter and remain (see section 25663.5 Business
and Professions code, for exceptions for musicians).
PD-2. Applicant shall complywith Temecula Municipal Code Section 9.14.010, Consumption
of Alcoholic Bevecages in Public Prohibited.
PD-3. Applicant must have current LEAD training either given by the Department of Alcoholic
Beverage Control, or an ABC certified equivalent course.
PD-4. Applicant shall ensure that no alcohol is sold to, possessed or consumed by any person
under the age of 21.
PD-5. Identification will be verified utilizing one of the following: (a) valid California driver's
license; (b) valid California identification card; (c) valid military identification card
(active/reserve/retired/dependent); (d) valid driver's license from any of the 50 States or
Territories of the United States; (e) valid U.S. Passport; (f) valid government issued
identification card issued by a Federal, State, County or City agency.
PD-6. As noted above, only a valid government issued identification card issued by a Federal,
State, County or City agency is acceptable, providing it complies with Section 25660 of
the Business and Profession Code (B&P), which includes the following requirements:
(a) name of person; (b) date of birth; (c) physical description; (d) photograph; (e)
currently valid (not expired). It is the responsibility of the business owner and any
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person who serves or sells alcohol to be aware of current laws and regulations
pertaining to alcoholic beverages.
PD-7. Sections 24200.5 (b) and 25657 (a) (b) B&P; Rule 143 CCR: Section 303 (a) (PC): On-
sale licensees may not: (a) employ hosts, hostesses, or entertainers who solicit others
to buy them drinks, alcoholic or non-alcoholic; (b) pay or agree to pay such an employee
a percentage of the receipts from the sales of drinks solicited; (c) permit any person
whether an employee or not, to loiter for the purpose of soliciting an alcoholic drink.
PD-8. Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between
2:00 a.m. and 6:00 a.m. of the same day. No person may knowingly purchase alcohol
between 2:00 a.m. and 6:00 a.m. (Section 25631 B&P Code). Licensees may not
permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of
the same day (even if someone bought the drinks before 2:00 a.m. Section 25632
B&P). Some ABC licenses have special conditions (restrictions) as to hours of sale that
are stricter that the law. Those licenses are marked "Conditional" (23805 B&P).
PD-9. Police officers, sheriff's deputies and ABC investigators are sworn law enforcement
officers (peace officers) with powers of arrest. Whether in plainclothes or uniform,
peace officers have the legal right to visit and inspect any licensed premises at any time
during business hours without a search warrant or probable cause. This includes
inspecting the bar and back bar, store room, office, closed or locked cabinets; safes,
kitchen, or any other area within the licensed premises. It is legal and reasonable for
licensees to exclude the public from some areas of the premises. However, licensees
cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer
(Sections 25616, 25753, and 25755 B&P; 148 and 241 (b) PC).
PD-10. Licensees may not permit their licensed premises to become a disorderly house. A
disorderly house is a licensed outlet (on or off sale) that: (a) disturbs neighbors with
noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc;
and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution
narcotics, etc. The licensed premises area includes the parking lot ( Sections 24200
(a) (B&P) and 25601 B&P; 316 PC).
PD-11. Applicant shall ensure all employees involved with the sales, service and identification
checks for the purpose of any sales of alcoholic beverages are trained in the proper_
procedures and identification checks. The Temecula Police Department provides free
training for all employees involved in the service and sales of alcoholic beverages. It is
the responsibility of the applicant to set up a training session for all new employees.
Contact the Temecula Police Department Crime Prevention and Plans Unit at (951)
506-5132.
PD-12. Events where entertainment is to be provided must abide by the following rules: (1) No
licensee shall permit any person to perform acts of, or acts which simulate; (a) sexual
intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation oranysexual
acts which are prohibited by law; (b) the touching, caressing or fondling of the breasts,
buttocks, anus or genitals; (c) the displaying of the pubic hair, anus, vulva or genitals;
and, (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts
and/or buttocks are exposed to view shall perform only upon a stage at least 18 inches
above the immediate floor level and removed at least six feet from the nearest patron.
No licensee shall permit any person to remain in or upon the licensed premises who
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exposes to public view any portion of his or her genitals or anus (Rule 143.3 CCR. Also
violates Section 311.6 PC if conduct is "obscene".
PD-13. Any questions regarding these conditions should be directed to the Temecula Police
Department Crime Prevention and Plans Unit at (951) 506-5132.
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